Does Buona have the right to change its websites related to Franchised Businesses?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
As used in this Agreement, "Digital Marketing" means the integrated marketing services used to attract, engage and convert customers online**.** Digital Marketing utilizes multiple channels such as content marketing, influencer marketing, SEO, social media and online advertising to help Brands connect with customers.
(b) In connection with any Website, Social Media and/or Digital Marketing, Franchisee agrees as follows:
(i) Franchisee is strictly prohibited from establishing or maintaining any Websites, Social Media accounts or domain names which incorporate any of the Marks, name or initials into its web address.
Franchisee is prohibited from establishing websites or domain names linking to Franchisor's websites without the prior written authorization of Franchisor.
(ii) Franchisor will have the sole right to create, establish, own, and control the Websites and any page for Franchisee's Franchised Business linked to the Websites.
(iii) Franchisor will have the sole right to create, establish, own, and monitor all Social Media postings for Franchisee's Franchised Business.
Franchisee may participate in the content and maintenance of Social Media for Franchisee's Franchised Business, only in accordance with Franchisor's guidelines, specifications, standards, policies and procedures on Social Media that Franchisor may issue from time to time in the Manuals or otherwise, and subject to Franchisor's right to alter or delete postings made by Franchisee.
- (iv) Franchisor will have the sole right to control all aspects of Digital Marketing, including those related to Franchisee's Franchised Business.
Unless Franchisor consents otherwise in writing, Franchisee may not, directly or indirectly, conduct or be involved in any Digital Marketing that uses the Marks or is related to Franchisee's Franchised Business.
If Franchisor does give Franchisee written consent to conduct any Digital Marketing, Franchisee must do so in compliance with Franchisor's guidelines, specifications, standards, policies or procedures on Digital Marketing that Franchisor may issue from time to time in the Manuals or otherwise in writing.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, Buona retains significant control over the websites and digital marketing related to its franchised businesses. Specifically, Buona has the sole right to create, establish, own, and control the websites and any page for a franchisee's franchised business linked to those websites. This means that franchisees cannot independently create or maintain their own websites using Buona's trademarks or names without prior written authorization.
Buona also maintains the sole right to create, establish, own, and monitor all social media postings for a franchisee's business. While franchisees can participate in the content and maintenance of social media, they must adhere to Buona's guidelines and are subject to Buona's right to alter or delete their postings. Furthermore, Buona controls all aspects of digital marketing, and franchisees generally cannot engage in digital marketing that uses Buona's marks or relates to their franchised business without written consent and adherence to Buona's standards.
These stipulations ensure brand consistency and quality control across all online platforms. For a prospective franchisee, this means less autonomy over their online presence but also less responsibility for managing complex digital marketing strategies. Franchisees need to be comfortable with Buona having the final say on all online content and marketing initiatives related to their location. It is important for potential franchisees to thoroughly understand Buona's digital marketing guidelines and policies to ensure compliance and avoid potential conflicts.